When does the term of invention patent begin to count?

the term of the invention patent right is counted from the date of application. According to the relevant laws and regulations, the term of invention patent right in China is 2 years, and the term of utility model patent right and design patent right is 1 years, all of which are counted from the date of application.

Legal basis

Article 42 of the Patent Law of the People's Republic of China, which came into effect on June 1, 221

The term of the invention patent is 2 years, and the term of the utility model patent and the design patent is 1 years, both of which are counted from the date of application.

Article 43

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44

In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(1) Failing to pay the annual fee as required;

(2) the patentee renounces his patent right in writing.

if the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.